[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see
paragraph (YY)
of rule 3750-1-01 of the Administrative
Code titled " Referenced materials."
]

(A)
A facility as defined in paragraph (Q) of
rule 3750-1-01 of the Administrative
Code that meets both of the following criteria is subject to the release
notification reporting requirements of section
3750.06 of the Revised Code:

(2)
From which
there is a release of an extremely hazardous substance or hazardous substance
or oil in a quantity equal to or exceeding the applicable reportable quantity
established under rules
3750-20-30,
3750-20-50, and
3750-25-20 of the Administrative
Code.

(B)
Release
notification reporting requirements of
3750.06 of the Revised Code are
not required for:

(1)
Any release of an
extremely hazardous substance, hazardous substance, or oil from a facility that
results in exposure to persons solely within the site or sites on which the
facility is located.

"Site" for purposes of this section includes facility as
defined in paragraph (Q) of rule
3750-1-01 of the Administrative
Code, in addition to the surrounding property within the boundaries of the
facility.

(2)
Any release
which is a "federally permitted release" as defined in section 101(10) of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA).

(a)
Continuous and stable in quantity and
rate under definitions in paragraph (B) of rule
3750-25-15 of the Administrative
Code. Exemptions from notification under this paragraph does not include
exemption from:

(i)
Initial notification as
defined under paragraphs (D)(1) and (D)(2) of rule
3750-25-15 of the Administrative
Code.

(ii)
Notification of
statistically significant increase, as defined in paragraph (B) of rule
3750-25-15 of the Administrative
Code as any increase above the upper bound of the reported normal range which
is to be submitted to the emergency coordinator for the committee for any area
likely to be affected by the release and to the state emergency response
commission of any state like to be affected by the release;

(iii)
Notification of a "new release" as
defined in paragraph (D)(4)(a) of the 3750-25-15 of the Administrative Code; or

(iv)
Notification of change in the
normal range of release as required under paragraph (D)(5) of rule
3750-25-15 of the Administrative
Code.

(4)
Any release of a pesticide product exempt from reporting under Section 103(a)
of the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA);

(5)
Any release not
meeting the definition of release as defined in paragraph (FF) of the rule
3750-1-01 of the Administrative
Code and therefore exempt from reporting under section
3750.06 of the Revised Code.

(a)
Naturally occurring in soil from
land holdings such as parks, golf courses, or other large tracks of land;

(b)
Naturally from the disturbance
of land for purposes of mining such as for agricultural or construction
activities;

(c)
From dumping of
coal and coal ash at utility and industrial facilities with coal-fired boilers;
and

(d)
From coal and coal ash
piles at utility and industry facility with coal-fired boilers.

(7)
Any release of source,
byproduct, or special nuclear material from a nuclear incident, as those terms
are defined in Atomic Energy Act of 1954, if the release is subject to the
requirements with respect to financial protection established by the Nuclear
Regulatory Commission under section 170 of The Atomic Energy Act of 1954.

(8)
For purposes of section 104 of
the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) or any other response action, any release of source, byproduct,
or special nuclear material from any processing site designated under section
102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978.

(9)
Any discharges of oil from a
properly functioning vessel engine as set forth under
40 CFR Part
110.5. However, discharges of such oil
accumulated in a vessel's bilges shall not be so exempt from reporting under
section 3750.06 of the Revised Code.

(10)
Any emissions from engine
exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping
station engine.

(11)
Any
controlled application of oil for the purpose of constructing, repairing or
maintaining a roadway, public path, or parking lot. This exemption does not
apply to any oil which leaves the roadway, public path, or parking lot in a
reportable quantity established in rule
3750-25-20 of the Administrative
Code.

(12)
Any emergency release
of aviation fuel from an aircraft that is in compliance with current applicable
federal aviation administration guidelines for such releases.

(13)
Any release in amounts less than one
thousand pounds per twenty four hours of:

(a)
Nitrogen oxide to the air that is the result of combustion and
combustion-related activities.

(b)
Nitrogen dioxide to the air that is the result of combustion and
combustion-related activities.

(C)
Release notification reporting
requirements of section
3750.06 of the Revised Code are
required for oil as defined in paragraph (AA) of rule
3750-1-01 of the Administrative
Code and set forth under rule
3750-25-25 of the Administrative
Code.